How Appealing



Monday, December 25, 2017

“Black Turnout in Alabama Complicates Debate on Voting Laws”: Alan Blinder and Michael Wines have this article in today’s edition of The New York Times.

Posted at 10:20 AM by Howard Bashman



Sunday, December 24, 2017

“Can the Supreme Court Continue to Live with Our Arbitrary and Capricious Death Penalty?” Liliana Segura has this report online at The Intercept.

Posted at 10:53 AM by Howard Bashman



“Hovercraft enthusiast to appeal again to top court”: In today’s edition of The Fairbanks Daily News-Miner, Sam Friedman has a front page article that begins, “John Sturgeon plans to put his lawsuit about federal authority on Alaska rivers before the U.S. Supreme Court again.”

Posted at 10:48 AM by Howard Bashman



“The Clarence Thomas Exception: Anita Hill’s accusations against the Supreme Court nominee launched the first #MeToo moment 26 years ago, but the justice has faced little renewed scrutiny amid the current reconsideration of sexual harassment.” David A. Graham of The Atlantic has this report.

Posted at 10:45 AM by Howard Bashman



“Iowa Supreme Court justice lifts ‘prior restraint’ order against Des Moines Register”: On Tuesday, Jason Clayworth of The Des Moines Register had this report.

Posted at 10:42 AM by Howard Bashman



“U.S. Supreme Court could hear case of St. Louis man serving 241-year sentence”: Robert Patrick of The St. Louis Post-Dispatch has this report.

Posted at 10:38 AM by Howard Bashman



“The Supreme Court’s Travel Ban Off-Ramp: A federal ruling offers the justices a clever way to reject Trump’s travel ban without limiting government power over immigration.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 10:34 AM by Howard Bashman



Saturday, December 23, 2017

“Appeals Court Rules Against Latest Travel Ban”: Miriam Jordan has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Matt Zapotosky has an article headlined “Appeals court rules that Trump’s latest entry ban violates the law.”

Dan Levine and Jon Herskovitz of Reuters have a report headlined “Trump travel ban should not apply to people with strong U.S. ties: court.”

Jennifer Sinco Kelleher and Martha Bellisle of The Associated Press have a report headlined “Appeals court: Trump exceeded authority with travel ban.”

And Chris Geidner of BuzzFeed News reports that “Appeals Court Rules That Trump’s Third Attempt At His Travel Ban Still Violates Federal Law.”

You can access yesterday evening’s per curiam ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 11:26 PM by Howard Bashman



“#MeToo in the Courts: What’s next, and what’s needed, in the wake of sexual harassment claims concerning the judiciary?” Dahlia Lithwick speaks with Heidi Bond, Emily Murphy, and Leah Litman on this new installment of Slate’s “Amicus” podcast.

Posted at 11:34 AM by Howard Bashman



“Why we should lower student expectations about judicial clerkships”: Peter Conti-Brown has this post at the “Notice & Comment” blog of the Yale Journal on Regulation, along with a post titled “Judicial exceptionalism and its corrosive effects.”

And The Los Angeles Times has published letters to the editor under the headings “Who are the people who looked the other way at Alex Kozinski?” and “Why the porn habits of Alex Kozinski — or anyone — should raise red flags about potential harassment.”

Posted at 11:30 AM by Howard Bashman



“Privacy Complaints Mount Over Phone Searches at U.S. Border Since 2011”: Charlie Savage and Ron Nixon of The New York Times have this report.

Posted at 11:24 AM by Howard Bashman



“Appeals Courts Deny Trump Admin’s Request To Delay Jan. 1 Trans Military Recruits Start Date”: Chris Geidner of BuzzFeed News has this report.

Posted at 11:20 AM by Howard Bashman



“Trump is obsessing over some federal justice picks — and ignoring others”: Columnist Colbert I. King has this op-ed in today’s edition of The Washington Post.

Posted at 11:16 AM by Howard Bashman



Friday, December 22, 2017

“Revisiting David Lat’s ‘Supreme Ambitions’ in light of the Kozinski scandal”: Peter Conti-Brown has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 9:02 AM by Howard Bashman



Thursday, December 21, 2017

“Why Petersen may not be the last judicial nominee with no trial experience: The embarrassing washout of a Trump nominee to the D.C. bench highlights the fact that fewer and fewer cases go to trial, meaning fewer and fewer lawyers with trial experience.” Josh Gerstein of Politico.com has this report.

Posted at 8:14 PM by Howard Bashman



“California Supreme Court rules against drug company in warning-label case”: Bob Egelko of The San Francisco Chronicle has an article that begins, “Consumer advocates scored a major victory over drug companies Thursday when the California Supreme Court said pharmaceutical manufacturers are responsible for harm caused by defective warnings in labels on generic versions of their products.”

Nate Raymond of Reuters reports that “California court says Novartis can be sued over generic drug injuries.”

And at the “At the Lectern” blog of Horvitz & Levy, David Ettinger has a post titled “4-3 drug liability opinion might be a rehearing candidate because randomly selected pro tem justice is in the majority.”

You can access today’s ruling of the Supreme Court of California at this link.

Posted at 8:04 PM by Howard Bashman



“People Magazine Investigates S02E07 Marked for Murder”: The episode of “People Magazine Investigates” focusing on the murder of law professor Dan Markel can be freely accessed on YouTube at this link.

Posted at 7:55 PM by Howard Bashman



“Supreme Court Clerk Hiring Watch: Are Reports Of Justice Kennedy’s Retirement Greatly Exaggerated? Wow! Justice Kennedy has hired a full complement of four law clerks for the next Supreme Court Term.” David Lat has this post at “Above the Law.”

Posted at 7:52 PM by Howard Bashman



“Pitch perfect: Supreme Court justices may give away their votes with their voices; Political scientists hit upon a surprisingly reliable signal of how the high court will rule.” Steven Mazie has this post at the “Democracy in America” blog of The Economist.

The current draft of a paper titled “Emotional Arousal Predicts Voting on the U.S. Supreme Court” by Bryce J. Dietrich, Ryan D. Enos, and Maya Sen can be accessed here.

Posted at 1:58 PM by Howard Bashman



“Is the ABA any good at evaluating judicial nominees?” Derek T. Muller recently had this post at his blog, “Excess of Democracy.”

Posted at 1:48 PM by Howard Bashman



Wednesday, December 20, 2017

“Law Clerks Say Federal Judiciary Isn’t Equipped To Handle Sexual Harassment; They want ‘significant changes'”: Dana Liebelson, Jennifer Bendery, and Ryan J. Reilly of HuffPost have this report.

Posted at 11:11 PM by Howard Bashman



“State ‘Hostility’ to Religion Without Religious Discrimination?: The Unexpected Free Exercise Issue Lurking in Masterpiece Cakeshop.” Marty Lederman has this blog post at “Balkinization.”

Posted at 9:44 PM by Howard Bashman



“Chief Justice Roberts calls for review of procedures for protecting court employees from misconduct”: Joan Biskupic of CNN.com has this report.

Posted at 7:34 PM by Howard Bashman



“The Decades-Long Defense of an Alabama Death-Row Prisoner Enters a Final Phase”: Jennifer Gonnerman has this post online at The New Yorker.

Posted at 4:45 PM by Howard Bashman



“Federal appeals court upholds Metro’s ban on Christmas-themed ad, at least for now”: Martine Powers of The Washington Post has this report.

Posted at 4:18 PM by Howard Bashman



“Murder trial delayed again for gunman accused of Dan Markel slaying”: Karl Etters of The Tallahassee Democrat has this report.

Posted at 2:08 PM by Howard Bashman